LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: VC’S BAR AND GRILL
2520 Jane Street
North York, Ontario
M3L 1S1
Licensee: VC’s Bar and Grill Ltd.
Licence Number: 24630
Notice of Proposal: To SUSPEND a licence
Dated August 31, 2006
The Proposal alleges that:
(a) contrary to subsection 45(1) of Ontario Regulation 719/90 (the “O. Reg.”) under the Liquor Licence Act (the “LLA”), the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. East, 3rd Floor
Toronto, Ontario
M2N 0A4
January 12, 2007
Presiding
Board Members: David C. Gavsie, Chair
Allan Higdon, Member
Counsel for the
Registrar: Joyce Taylor
Counsel for the
Licensee: Ira Greenspoon
Exhibits: #1 - Agreed Statement of Facts
#2 - Joint Submission On Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on January 12, 2007, pursuant to a Notice of Proposal dated August 31, 2006, to suspend the licence issued to VC’s Bar and Grill Ltd. for premises operating as VC’S BAR AND GRILL, 2520 Jane Street, North York, Ontario, M3L 1S1, licence number 24630;
AND WHEREAS the corporate licensee was represented by legal counsel Ira Greenspoon;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission On Disposition (Exhibit #2) submitted by the counsel for the Registrar and Ira Greenspoon, acting on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On March 25, 2006, police officers visited the licensed premises and found a drunken patron, who had been struck with a broken beer bottle in a fight in the washroom of the establishment.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of the O. Reg. enacted pursuant to the LLA. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated August 31, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to VC’s Bar and Grill Ltd. for premises operating as VC’S BAR AND GRILL, 2520 Jane Street, North York, Ontario, M3L 1S1, licence number 24630, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on February 26, 2007, and CONTINUE until 2:00 a.m. on March 19, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR ALLAN HIGDON, BOARD MEMBER
AH/rb
Attachment.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c. L. 19, s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
VC’S BAR AND GRILL LTD. OPERATING AS
VC’S BAR AND GRILL,
2520 JANE STREET, NORTH YORK,
LICENCE NO. 24630
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice Of Proposal To Suspend a Licence dated August 31, 2006:
On March 25, 2006, police officers visited the licensed premises and found a drunken patron, who had been struck with a broken beer bottle in a fight in the washroom of the establishment.
Based on the aforementioned facts, the Licensee admits to have breached section 45(1) of Ontario Revised Regulation 719/90, as amended and enacted pursuant to the Liquor Licence Act by permitting drunkenness and permitting violent conduct.
JOINT SUBMISSION ON
DISPOSITION
Whereas this licensee was suspended for seven (7) days in 2001, fourteen (14) days in 2004 and seventeen (17) days in 2006 for permitting drunkenness;
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
A twenty-one (21) day suspension of liquor licence 24630 to be served on dates to be provided in writing to the Manager of the Hearings section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Ave. E., suite 300, Toronto, ON, M5N 2A4, fax: 416-326-5566, within seven (7) days of today’s date, failing which the Board shall set the suspension dates without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Suspend a Licence dated August 31, 2006.
Respectfully submitted this 12th day of January 2006.
VC’S BAR & GRILL LTD.
Nazzareno Panucci Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar
Ira Greenspoon
Counsel for the Licensee